A preference category immigrant is an immigrant visa beneficiary that has been classified by her petitioner but cannot apply for an immigrant visa (Green Card) to enter the United States because no visa is yet immediately available to her. The Citizenship and Immigration Services (CIS) issues the immigrant beneficiary a priority...
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The J-1 Visa and Waiver of the Two Year Residency Requirement
The J-1 non-immigrant visa is issued by the United States to, among others, scholars, professors and exchange visitors that enter the country to participate in programs that promote cultural exchange, and to engage in medical and business training. The visa came into effect under the Fulbright Hays ACT of 1961....
Sometimes Voluntary Departure is the Best Option
Voluntary Departure is the departure of an alien from the United States because of an immigration offense without an order of removal from the immigration court. Once an alien is granted the voluntary departure, he gives up all rights to any other available relief and must depart the United States...
A US Permanent Resident Can Reside Outside the United States and Still Qualify for Naturalization
Residency and physical presence in the United States are among the centerpiece requirements for naturalization in the country. The applicant must reside in the country for the five year period immediately before he files his naturalization application. If married to a United States citizen, he must reside continuously in the United...
EB-5 Immigrant Visa — Definition of Material Concepts
Congress created the EB-5 immigrant visa in 1990 with the core purpose of attracting new foreign investment capital to the country, and to create new jobs for United States workers. Since then, the visa program has yielded phenomenal results. By 2008, the program had pumped over $15.4 billion foreign direct...
Deferred Enforcement of Departure Extended for Liberians in the United States
Deferred Enforced Departure Extended for Liberians in U.S. Release Date: September 28, 2016 USCIS Automatically Extends Validity of Employment Authorization Documents WASHINGTON—President Obama has announced an extension of Deferred Enforced Departure (DED) for certain Liberian nationals through March 31, 2018. U.S. Citizenship and Immigration Services (USCIS) will automatically extend employment...
There is No U-Visa Without a Signed Certification
Without an executed and signed certification, the Citizenship and Immigration Services (CIS) cannot issue a U-Visa. Certification is where the U-Visa applicant requests and a law enforcement officer confirms that the applicant suffered from a qualifying U-visa crime, and is helpful or likely to be helpful in the prosecution of the...
The Ebola Based Temporary Protected Status Extended Again for Sierra Leone, Liberia and Guinea
Temporary Protected Status Benefits Under Designations of Guinea, Liberia and Sierra Leone Extended Six Months for Orderly Transition Before Termination in May 2017 Release Date: September 22, 2016 WASHINGTON—Secretary of Homeland Security Jeh Johnson is extending TPS benefits for beneficiaries of TPS under the designations of Guinea, Liberia, and Sierra...
A Violent Crime Against an Undocumented Immigrant Could Earn Him A U-Visa
Congress enacted the U-visa in October of 2000 under the Victims of Trafficking and Violence Protection Act (VTVPA). It was part of a two category law designed to protect victims of violent crime and human trafficking. After its enactment, it did not appear that the Department of Homeland Security (DHS)...
The Benefits of the Expanded I-601A Provisional Waiver of Unlawful Presence
The expanded I-601A provisional waiver of unlawful presence rule came into effect on August 29, 2016. The rule expanded the 2013 provisional waiver rule that created a shelter for individuals who had accrued unlawful presence by entering the United States without inspection and admission, and continued to unlawfully reside in...